Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

A maturing manifesto: The constitutionalisation of children’s rights in South African jurisprudence 2007-2012

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as a point of departure, the study suggests that it is in the public sphere that children’s rights have had their most impact in the period under review. The article highlights eight areas of distinction in this five-year period: these include judicial approval of resource mobilisation for the fulfilment of children’s rights, emphasis on the quality of and standards in education; the development of innovative remedies to deal with unreasonable state measures affecting children, and an increasing focus on the right to dignity of the child. The authors conclude that the scope of the cases cited points to the growing insertion of children’s rights considerations in increasingly diverse areas of legal interaction. Furthermore, the authors posit that the CRC and ACRWC – together with non-binding sources of international law – have substantively informed and enriched the jurisprudence of South African courts.

Affiliations: 1: a)Faculty of Law, University of the Western Cape, South Africa E-mail:; 2: b)Community Law Centre, University of the Western Cape, South Africa E-mail:


Full text loading...


Data & Media loading...

1. African Child Policy Forum, The African Report on Child Wellbeing: Budgeting for Children (Addis Ababa, 2011)
2. Dugard J. , International Law: A South African Perspective 3 ed. ( Landsdowne: Juta, 2005).
3. Liebenberg S. , Socio-Economic Rights: Adjudication under a Transformative Constitution ( Claremont: Juta, 2010).
4. McConnachie C. ,& McConnachie C. , ‘ "Concretising the right to a basic education"’, South African Law Journal ( 2012forthcoming)
5. National Department of Education, White Paper 6: Special Needs Education. Building an Inclusive Education and Training System ( 2001).
6. Ngwena C. ,& Pretorius L. , ‘ "Substantive equality for disabled learners in state provision of basic education: A commentary on western cape forum for intellectual disability v government of the Republic of South Africa"’, South African Journal of Human Rights Vol 28( 2012): 81115.
7. Sloth-Nielsen J. ‘ "The contribution of children’s rights to the reconstruction of society: Some implications of the constitutionalisation of children’s rights in South Africa"’, International Journal on Children’s Rights Vol 4( 1996): 323344. [Crossref]
8. Sloth-Nielsen J. ‘ "Children’s rights in the South African courts: An overview since ratification of the UN convention on the rights of the child"’, International Journal of Children’s Rights Vol 10( 2002): 137156.
9. Sloth-Nielsen J. ,, & Mezmur B. , ‘ "2 + 2 = 5? exploring the domestication of the CRC in South African jurisprudence (2002–2006)"’, International Journal of Children’s Rights Vol 16( 2008): 128. [Crossref]
10. South African Law Reform Commission, Publication of Divorce Proceedings: Section 12 of the Divorce Act (Act 70 of 1979) Report ( 2002) Project 114.
11. Zaal F.N. , ‘ "A first finding of unconstitutionality regarding the Children’s Act 38 of 2005: C v Gauteng Department of Health and Social Welfare [2011] JOL 27 290 (GNP)"’, THRHR Vol 75( 2012): 162170.

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The International Journal of Children's Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation